violation of any of the provisions of this section that the fish were caught or taken outside or within this state. En. February 14, 1872. Am'd. 1873-4, 465; 1875-6, 114; 1877-8, 120; 1881, 13; 1883, 81; 1885, 99; 1895, 262; 1897, 20. Cal. Rep. Cit. 73, 258; 107, 281; 139, 115; 139, 116; 139, 465. § 635. Use of explosives, and pollution of waters. Every person who places or causes to be placed in any of the waters of this state, dynamite, gunpowder, or other explosive compound, for the purpose of killing or taking fish; or who takes, procures, kills, or destroys any fish of any kind by means of explosives; or who places or allows to pass, or who places where it can pass into any of the waters of this state, any lime, gas, tar, cocculus indicus, slag, sawdust, shavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, is guilty of a misdemeanor, and is punishable by a fine of not less than two hundred and fifty dollars, or by imprisonment in the county jail in the county in which the conviction is had, not less than one hundred and twenty-five days, or by both such fine and imprisonment; and all fines imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the "fish commission fund." En. February 14, 1872. Am'd. 1875-6, 115; 1889, 61; 1895, 262; 1897, 348; 1901, 55; 1903, 25. Cal. Rep. Cit. 107, 281; 139, 116; 143, 641. Every person § 636. Setting net, trap, etc., for fish. who shall cast, extend, or set any seine or net of any kind, for the catching of any fish in any river, stream, or slough of this state, which shall extend more than one third across the width of said river, stream, or slough, at the time and place of such fishing; every person who shall cast, extend, set, use, or continue, or who shall assist in casting, extending, using, or continuing "Chinese shrimp or bag net, or a net of similar character, for the catching of fish in the waters of this state; every person who shall cast, extend, set, use, or continue, or have in his possession, or who shall assist in casting, extending, or using "Chinese sturgeon lines,'' or lines of a similar character; every person who shall set, use or continue, or shall assist in setting, using, or continuing any pound weir, set-net, trap, or any other fixed or permanent contrivance for catching fish in the waters of this state-and every net shall be considered a set-net that is secured in any way and not free to drift with the current or tide-is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, not less than fifty days, or by both such fine and imprisonment; and all the fines imposed and collected for any violation of any of the provisions of this section shall be paid into the "fish commissioners' fund." En. February 14, 1872. Am'd. 1875-6, 115; 1877-8, 120; 1881, 12; 1883, 82; 1887, 237; 1893, 215; 1895, 263; 1897, 349. Cal. Rep. Cit. 57, 251; 57, 252; 73, 258; 107, 281; 114, 371; 124, 151; 124, 152; 124, 153; 124, 154. § 636a. Nets, seines, etc., prohibited. Any net, seine, drag-net, paranzella, or set-net used for taking or catching fish, which shall be used or maintained in any of the waters of this state in violation of any existing or hereafter enacted statutes or laws of this state for the protection of fish, is hereby declared to be a public nuisance, and it is the duty of every peace officer to seize and keep the same and report such seizure to the board of fish commissioners of the state. Thereupon said board must commence proceedings in the superior court of the county or city and county in which the same shall be seized, by filing a petition in said court, asking for a judgment forfeiting such net, seine, drag-net, paranzella, or set-net so seized, and ordering the destruction thereof. Upon the filing of such petition, is the duty of the clerk of said court to fix a time for the hearing thereof and to cause notices to be posted for the space of fourteen days in at least three public places in the town, city, or city and county, where the court is held, setting forth the substance of such petition and the time and place fixed for its hearing, and if at the time fixed for such hearing, no person appears and claims such net, seine, drag-net, paranzella, or set-net, the court must proceed to hear and determine said proceeding according to law, and upon proof that the said net, seine, dragnet, paranzella, or set-net was used in violation of law, must order the same to be forfeited and destroyed. En. Stats. 1901, 56. § 637. Fish commissioners to examine dams. Fishways. It shall be the duty of the state board of fish commissioners to examine, from time to time, all dams and artificial obstructions in all rivers and streams in this state nat urally frequented by salmon, shad, and other migratory fish; and if, in their opinion, there is not free passage for fish over or around any dam or artificial obstruction, to notify the owners or occupants thereof to provide the same, within a specified time, with a durable and efficient fishway, of such form and capacity, and in such location as shall be determined by the fish commissioners, or persons authorized by them, and such fishway must be completed by the owners or occupants of such dam or artificial obstruction to the satisfaction of said commissioners, within the time specified; and it shall be incumbent upon the owners or occupants of all dams or artificial obstructions, where the state board of fish commissioners require such fishways to be provided, to keep the same in repair and open and free from obstruction to the passage of fish at all times; and no person shall willfully destroy, injure, or obstruct any such fishway, or at any time take or catch any salmon, shad, or other migratory fish or trout, except by hook and line within three hundred feet of any fishway required by the state board of fish commissioners to be provided and kept open, or at any time take or catch any such fish in any manner within fifty feet of such fishway; and every person violating any of the provisions of this act is guilty of a misdemeanor, and every person found guilty of a violation of any the provisions of this act must be fined in a sum not less than one hundred dollars, or imprisoned in the county jail of the county in which the conviction shall be had not less than fifty days, or by both such fine and imprisonment; and all fines imposed and collected for any violations of the provisions of this act shall be paid into the state treasury to the credit of the "fish commission fund." En. February 14, 1872. Am'd. 1891, 93; 1903, 25. Cal. Rep. Cit. 135, 470. Acts relating to fishing and the protection of fish: See post, Appendix, title Fish. Fishway, act relating to: See post, Appendix, title Fish. § 637a. Killing of birds other than game, meadow lark, etc.; exceptions; certain birds not included. Every person who, in the State of California, shall at any time, hunt, shoot, shoot at, pursue, take, kill, or destroy, buy, sell, give away, or have in his possession, except upon a written permit from the board of fish commissioners of the State of California, for the purpose of propagation or for education or scientific purposes, any meadow lark, or any wild bird, living or dead, or any part of any dead wild bird, or who shall rob the nest, or take, sell or offer for sale or destroy the eggs of any meadow lark or of any wild bird, is guilty of a misdemeanor; provided, that nothing in this section shall prohibit the killing of a meadow lark or other wild bird by the owner or tenant of any premises where such bird is found destroying berries, fruit or crops growing on such premises, but the birds so killed shall not be shipped or sold. The English sparrow, sharp-shinned hawk, Cooper's hawk, duck hawk, great horned owl, bluejay, house finch (known also as the California linnet), and all birds otherwise protected by the provisions of this code and those birds commonly known as game birds, are not included among the birds protected by this section. En. Stats. 1901, 573. Am'd. 1905, 114. CHAPTER II. OF OTHER AND MISCELLANEOUS OFFENSES. § 638. Neglect or postponement of telegraphic or telephonic messages. § 639. Employee using information contained in telegraphic or telephonic messages. § 640. Clandestinely learning the contents of a telegraphic or telephonic message. § 641. Bribing telegraph or telephone operator. 642. Collecting tolls, etc., at San Francisco, without authority. 643. Violations of police regulations of San Francisco Harbor. 644. Enticing seamen to desert. 645. Harboring deserting seamen. 646. Aiding apprentices to run away or harboring them. 647. Vagrants. 648. Issuing or circulating paper money. 649. Officers of fire department issuing false certificates. 650. Sending letters threatening to expose another. 6502. Seriously injuring persons or property, etc., a misdemeanor. 651. Requiring apprentices to work more than eight hours. 652. National Guard; failure to attend parade. 653. Members of National Guard, insubordination of. 6532. Appraiser accepting fees not allowed. 653b. Abuse of school teachers. § 653c. Unlawful to permit workmen upon public works to work more than eight hours per day. 653d. Retaining wages of employee. 654. Abuse of school teachers. (Repealed.) § 638. Neglect or postponement of telegraphic or telephonic messages. Every agent, operator, or employee of any telegraph or telephone office, who willfully refuses or neglects to send any message received at such office for transmission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received by telegraph or telephone, is guilty of a misdemeanor. Nothing herein contained must be construed to require any message to be received, transmitted, or delivered, unless the charges thereon have been paid or tendered, nor to require the sending, receiving, or delivery of any message counseling, aiding, abetting, or encouraging treason against the gov. ernment of the United States or of this state or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of crime. En. February 14, 1872. Am'd. 1905, 690. The change consists in the insertion of the words "or telephone," before "office."-Code Commissioner's Note. Carriers of messages: See Civ. Code, secs. 2161, 2162, 2207. § 639. Employee using information contained in telegraphic or telephonic messages. Every agent, operator, or employee of any telegraph or telephone office, who in any way uses or appropriates any information derived by him. from any private message passing through his hands, and addressed to any other person, or in any other manner acquired by him by reason of his trust as such agent, operator, or employee, or trades or speculates upon any such information so obtained, or in any manner turns, or attempts to turn, the same to his own account, profit, or advantage, is punishable by imprisonment in the state prison not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or both by such fine and imprisonment. En. February 14, 1872. Am'd. 1905, 690. The change consists in the insertion of the words "or telephone," before "office."-Code Commissioner's Note. § 640. Clandestinely learning contents of telegraphic or telephonic messages. Every person who, by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, any message, or to learn the contents thereof, whilst the same is being sent over any telegraph or telephone line, or willfully and fraudulently, or clandestinely, learn or attempts to learn the contents or meaning of any message, while the same is in any telegraph or telephone office, or is being received thereat or sent therefrom, or who uses or attempts to use, or communicates to others, any information so ob |